National Minimum Wage Act, 2000
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Prohibition of reduction in hours of work of an employee without a concomitant reduction in duties or amount of work. |
25.—(1) Where an employee alleges that he or she is being prejudiced by a reduction in his or her hours of work without a concomitant reduction in duties or amount of work, because of an increased liability of the employer resulting from the passing of this Act or the declaration of a national minimum hourly rate of pay, and the employer, within 2 weeks of being so requested by the employee or the employee's representative with the employee's consent, does not restore the employee's working hours to those obtaining immediately before the reduction, the employer and employee shall, for the purposes of section 24 (1), be deemed not to be able to agree on the appropriate entitlement of the employee to pay in accordance with this Act resulting in an alleged underpayment to the employee, and sections 24 to 32 (except section 24 (2)), with the necessary modifications, shall apply accordingly. | |
(2) A dispute cannot be referred to a rights commissioner under subsection (1) if a period of 6 months (or such longer period not exceeding 12 months, as the rights commissioner may allow) has elapsed since the employee's hours of work were reduced or alleged to be reduced. | ||
(3) In proceedings under this section in respect of an allegation under subsection (1), the onus lies with the employer to prove that any reduction in hours of work was not for the purpose of avoiding the alleged increased liability referred to in subsection (1). |